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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH
M.S. JAWALKAR, NANDESH S. DESHPANDE, JJ.
Amitkumar Madhusudan Bagdia – Appellant
Versus
Shritika Amitkumar Bagdia – Respondent
Family Court Appeal No. 46 of 2023
Decided On : 27-03-2026
| Table of Content |
|---|
| 1. factual background of marriage and cruelty allegations. (Para 1 , 2 , 3) |
| 2. trial, withdrawal of mental disorder ground. (Para 4 , 5 , 6 , 7) |
| 3. issues and section 13(1)(i-a) provision. (Para 8 , 9) |
| 4. appellant's challenges to trial court findings. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20) |
| 5. respondent's denial and condonation plea. (Para 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30) |
| 6. rejoinder on separate cruelty cause. (Para 31 , 32 , 33) |
| 7. review of specific incident allegations. (Para 34 , 35 , 36 , 37) |
| 8. admitted whatsapp messages prove cruelty. (Para 38 , 39 , 40 , 41 , 42 , 43) |
| 9. incidents and family interference assessed. (Para 44 , 45 , 46 , 47) |
| 10. condonation plea rejected under section 23. (Para 48 , 49) |
| 11. cruelty independent of mental disorder. (Para 50 , 51) |
| 12. cruelty proved; no restitution intent. (Para 52 , 53 , 54 , 55) |
| 13. cumulative conduct constitutes mental cruelty. (Para 56 , 57) |
| 14. divorce decreed on cruelty ground. (Para 58) |
JUDGMENT :
NANDESH S. DESHPANDE, J.
1. The present appeal is filed under Section 19 of the Family Courts Act, challenging the judgment dated 18.08.2023 in Petition No. A-98 of 2021, which was dismissed by the Family Court at Akola. The present appeal was admitted by this Court on 04.10.2023. Thereafter, we have heard the appeal and also gone through the record of the matter with the assistance of learned counsels appearing for the respective parties.
2. The husband, i.e., the appellant herein, filed a petition seeking decree of divorce against the wife, i.e., the respondent herein, on the ground of cruelty and disorder or unsoundness of mind, as contemplated under Section 13(1) (i-a) and 13(1)(iii) of the Hindu Marriage Act, 1955 (hereinafter referred to as the ‘Act of 1955’).
3. Facts as emerging from the petition and from the judgment of the Family Court are as under:-
(a) The marriage between the parties was solemnized on 09.03.2019. The said marriage was an arranged marriage performed with the consent of the parties and also their relatives. It is further stated in the petition that the appellant husband and the respondent wife, met for the first time in November 2018 for the purpose of assessing the compatibility and knowing each other as life partners. At the said time, the appellant husband as also the respondent wife were Medical Professionals, the appellant husband was pursuing his Post Graduation in M.Ch. Surgical Oncology and the respondent wife was pursuing her Post-Graduate degree in Radiodiagnosis from Lilavati Hospital in Bandra, Mumbai.
(b) The appellant husband, at the relevant time, was working at Tata Hospital, Parel Mumbai. As stated above, the marriage between the parties took place on 09.03.2019 at Akola, as per Hindu Rites and Customs. After the performance of marriage, the parties resided with the parents of the husband at Akola for two days and then left for Mumbai. It is further stated in the petition that at the convocation ceremony of the husband at Mumbai, having completed his M.Ch in Surgical Oncology, the conduct of the respondent wife was of total withdrawal and she did not interact with the friends/colleagues of the husband which caused severe mental agony to him. It is further stated in the petition that thereafter the parties went to Maldives for honeymoon wherein, the respondent wife was least interested in the normal activities of a couple without any apparent reason. This fact was supplemented with repeated threats of cancelling the honeymoon. After returning from Maldives, there was no change in the behavioural pattern of the respondent wife. It is alleged that she was short-tempered, always yelling, abusing and throwing tantrums for no reason.
(c) The husband i.e. appellant further states in the petition that the respondent wife never had any emotions, love, sympathy or care towards the husband and her behaviour was totally unpredictable and impulsive in nature. The husband in turn tried to pacify things and attr
AI
Divorce on cruelty granted despite withdrawing unsoundness ground; admitted WhatsApp messages prove irrational conduct without S.65B certificate in family court; condonation requires voluntary resump....
The judgment emphasizes the need for conduct to be 'grave and weighty' to constitute mental cruelty for divorce, and the impact on the wronged party's ability to continue the matrimonial relationship....
Mental cruelty, as defined under Hindu Marriage Act, can irreparably damage the trust and respect in marriage, providing sufficient grounds for divorce even without physical violence.
Cruelty in matrimonial relationships can be inferred from sustained neglect and false allegations, entitling a spouse to divorce under Hindu Marriage Act.
The main legal point established in the judgment is the application of the concept of mental cruelty under Section 13(1)(i-a) of the Hindu Marriage Act, 1955, and the consideration of irretrievable b....
Cruelty as a ground for divorce under the Hindu Marriage Act requires substantial proof, which was not established in this case.
Matrimonial Dispute - Definition of cruelty - Any marriage solemnised, whether before or after the commencement of this Act, may, on a petition presented by either husband or wife, be dissolved by a ....
Point of Law : Once parties have separated and the separation has continued for a sufficient length of time and one of them has presented a petition for divorce, it can well be presumed that marriage....
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